What distinguishes naturalizations on grounds of restoration of German citizenship pursuant to Article 116 (2) of the Basic Law (Grundgesetz, GG) from naturalizations on grounds of restitution of German citizenship pursuant to Section 15 of the German Nationality Act (Staatsangehörigkeitsgesetz, StAG)?
Naturalization on grounds of restoration of German citizenship after deprivation
Pursuant to Article 116 (2) GG (Grundgesetz), persons who were actually “deprived” of their German citizenship by the National Socialists between 1933 and 1945 are entitled to naturalization. This means that the persons had been German citizens and were deprived of this citizenship in the National Socialist era or that a naturalization that had taken place between 1918 and 1933 was revoked.
As defined in Article 116 (2) GG (Grundgesetz), persons are deemed to have been “deprived” of their German citizenship on political, racial or religious grounds wherever this citizenship was either
- lost automatically pursuant to Section 2 of the 11th Decree Implementing the Reich Citizens Act of 25 November 1941
or
- deprived on an individual basis under the Act on Revocation of Naturalizations and Deprivation of German Citizenship of 14 July 1933.
Such persons and their descendants have been entitled to naturalization by the GG (Grundgesetz) since 24 May 1949.
Naturalization on grounds of restitution after persecution
Pursuant to Section 15 StAG (Staatsangehörigkeitsgesetz), also persons who lost their German citizenship in some other way or who were never able to acquire German citizenship due to Nazi persecution and their descendants can become German citizens.
This provision benefits in particular persons who lost their German citizenship after their flight pursuant to the general provisions, for instance, by virtue of the acquisition of a foreign citizenship or through marriage with a foreign national.
Such persons have been entitled to naturalization since 20 August 2021.